H1B Alternatives: Your Visa Options to Work in the USA

Your H1B Alternatives are U.S. Work Visas that allow for legal employment in the United States as a foreign citizen. Most of your H1B Alternatives are nonimmigrant categories that generally have limited validities which means that your stay in the USA is limited to a certain time period. These nonimmigrant H-1B Visa Alternatives include the L-1 Visa for intracompany transferees, O-1 Visa for persons with extraordinary abilities, and E Visas for treaty traders, treaty investors, or Australian specialty occupation workers. Certain nonimmigrant classifications also serve as H1B Visa Alternatives such as the J-1 Visa for exchange visitors and the F-1 Visa for academic students which allow for working in the US under specific restrictions. 

The EB-5 Visa is a special H-1B Alternative that enables you to immigrate permanently to the USA as a Green Card holder. You and your family get to stay and work permanently in the United States through minimum investment and job creation through the EB5 Visa Program. We’ve already helped many foreign investors who are looking for faster ways to get a Green Card through the US EB 5 Visa. 

Aside from a thorough explanation of your visa options in place of the H 1B Visa, we also go through the H1B Lottery, H-1B Cap Exemption, and Green Card application without H1B to help you evaluate your choices and decide on the best path for your U.S. immigration as a foreign worker. 

What are Your H1B Alternatives for Working in the USA?

Your H1B Alternatives for working in the USA are the work visas that allow for employment in the United States even if you have not been selected in the H-1 Visa lottery or the H 1B cap has been reached. These H1B Alternatives are usually nonimmigrant classifications that permit you to stay in the USA for a specified period of time. 

We have also included other nonimmigrant visas that permit you to work in the US as a student and a special immigrant category that lets you directly obtain a Green Card without H1B. Keep reading our guide on the top H-1B Visa Alternatives to find out which visa option is best suited for your situation and U.S. immigration goals.

1. L-1 Visa

The L-1 Visa is a nonimmigrant H-1B Visa Alternative that is meant to bring intracompany transferees at the managerial or executive level to work in the United States. L1 intracompany transferees must be employees of multinational companies with offices, branches, or subsidiaries in the US. You must have worked overseas for your sponsoring employer for at least 1 year in the most recent 3 years to qualify for the L-1 Visa. Aside from managers and executives, persons with unique specialized knowledge or skills are also eligible for the L 1 Intracompany Transferee Visa. 

In addition to working in the USA, you are able to bring your spouse and dependent children with you as an L-1 Visa holder. Your spouse is able to work with authorization as an L-2 Visa holder. Your stay can be extended for 5-7 years and you are also eligible for a Green Card since the L1 Visa allows for dual intent. Foreign workers with dual intent visas are able to apply for U.S. permanent residence without violating their nonimmigrant status.

To maintain L 1 status, however, you need to maintain employment with your sponsoring employer. You are also unable to start your own business in the USA while on an L-1 Visa.

2. O-1 Visa

The O-1 Visa is a nonimmigrant H 1B Alternative for persons with extraordinary ability in science, education, business, athletics, or arts. You need to have an international or national award or achievement to be eligible for the O1 Visa. Other eligibility criteria for the O 1 Visa include membership in renowned organizations, having a distinguished work or publication, commercial or critical success, and command for high remuneration. 

You’re allowed to stay in the United States on an O-1 Visa for the duration of your work in the USA and are able to extend your stay unlimitedly. Another advantage of becoming an O1 Visa holder is that you have dual intent and can apply for a US Green Card. You’re also able to bring your assistants and dependent family members with you to the USA.

The main challenges of applying for an O 1 Visa are the need for employer sponsorship and the stringent requirements to prove your extraordinary ability and achievements. Unlike L1 spouses, O-1 dependents are not allowed to work in the US.

3. TN Visa

The TN Visa is a nonimmigrant H1B Visa Alternative for Canadian and Mexican citizens whose professions are included on the North American Free Trade Agreement (NAFTA) list. You need to meet the appropriate educational and work experience requirements to obtain U.S. employment on a TN Visa. 

The typical validity of the TN Visa is 3 years with unlimited renewals. You are not subject to an annual quota as a TN applicant and your spouse and dependent children can come with you to the USA. 

Similar to the O-1 Visa, your dependent spouse cannot work legally in the United States if you hold a TN Visa. The TN Visa does not have dual intent provision so you will need to continue renewing your visa if you wish to continue working in the US.

4. E Visas

The E classification is divided into 3 categories which are the E-1 Visa, E-2 Visa, and E-3 Visa. The E-1 Visa is an H-1B Alternative for foreign traders and employees of trader companies from treaty countries of the US. A treaty country is a nation that maintains a treaty of navigation and commerce with the United States such as Mexico, Singapore, and the United Kingdom. E-1 Visa applicants must conduct principal and substantial trade with the U.S. to be eligible. You’re only able to work for the treaty trader company while on E1 status and renew your visa every 2 years to keep working in the USA.

The E-2 Visa is another H1B Visa Alternative for citizens of treaty countries who are looking to invest and put up a business in the USA. You need to invest substantial capital to become an E2 investor and be directly involved in the management of the US business. You can bring your dependents with you to the USA and your spouse is eligible to work in the US as well. While the E2 Investor Visa is a temporary nonimmigrant classification, you can increase your direct business investment to qualify for permanent residency.

The E-3 Visa is a nonimmigrant H 1B Alternative for Australian workers in specialty occupations such as information technology, healthcare, research, and management. You need to have a minimum of a bachelor’s degree and a U.S. sponsoring employer to apply for an E3 Visa. The E 3 Visa is not subject to an annual lottery unlike the H1B Visa but your employer will have to file for a labor certification before you can proceed with your visa application. Labor certification is obtained from the U.S. Department of Labor (DOL) and proves that no qualified U.S. worker is available to fill the vacant position. You will need to extend your E3 Visa every 2 years to maintain your working rights in the US since E3 is a nonimmigrant classification. 

5. EB-5 Visa

The EB-5 Immigrant Investor Visa is a unique program that allows you to obtain a USA Green Card through investment and job creation. You need to invest a minimum amount in a US enterprise that leads to at least 10 full-time jobs for American workers. You, your spouse, and minor unmarried children then get a 2-year Conditional Green Card which can then be converted to Lawful Permanent Resident status after you’ve fulfilled the EB5 Visa requirements. 

The US EB 5 Visa does not need any sponsorship from a U.S. employer and you can petition for your immigrant visa yourself. The EB 5 Visa USA is the fastest way of securing a Green Card since you don’t need to undergo labor certification and you can file your petitions concurrently if you are already in the United States. 

You will need to consult with EB5 industry experts such as an EB 5 Visa Attorney, a financial advisor, a securities specialist, and an economist to be able to choose the right investment project for US permanent residence. We specialize in EB-5 Visa immigration and have helped numerous foreign investors and their families secure Green Cards more quickly through investment. 

6. J-1 Visa

The J-1 Visa is a nonimmigrant classification and H-1B Alternative for exchange visitors and students under programs sponsored by educational or nonprofit organizations approved by the U.S. Department of State (DOS). You need to be coming to the United States to teach, instruct, study, observe, consult, research, or conduct training to apply for a J1 Visa. You’re able to bring your dependents with you to the U.S. and your spouse can work with authorization. 

The main limitation of the J 1 Visa is that you need to return to your home country and stay for 2 years before you’re allowed to apply for another US Visa unless you obtain a waiver. You’re also limited to working under the program you’re sponsored for as a J-1 exchange visitor. 

7. F-1 Visa

The F-1 Visa is a nonimmigrant student classification that can serve as an H 1B Visa Alternative if you want to gain further qualifications in preparation for work in the USA. You need to be studying an academic program under an approved educational institution to qualify for an F-1 Student Visa. Employment opportunities for F1 students are available on campus and off campus and are typically limited to only 20 hours per week while school is in session. International students must secure a Work Permit USA before engaging in off-campus employment. Your off-campus employment options are Curricular Practical Training (CPT) which is done while you are completing your studies and Optional Practical Training (OPT) which can be done while or after finishing your studies. 

To keep working in the United States, you need to find a sponsoring employer for a U.S. Work Visa before your F1 status expires. Another option is to invest in an EB5 Immigrant Visa to gain permanent residency in the United States. 

8. US Work Permit

A US Work Permit (Employment Authorization Document) is not a visa classification but allows you to be employed in the US if you are the dependent spouse of a nonimmigrant visa holder or if you adjusting your status in the US. An Employment Authorization Document (EAD) is applied for with the U.S. Citizenship and Immigration Services (USCIS) and lets you work for any employer without any restrictions. A USA Work Permit, however, does not grant you entry into the United States unlike a visa, and needs to be renewed every year to maintain your working rights in the US.

Why Apply for H1B Alternatives if You Have Not Been Selected in the Lottery?

While the H-1B Visa remains highly popular for foreign workers looking for employment in the US, most of the H1B Alternatives allow for the same benefits and rights without the need to go through the random lottery selection process. An annual cap of only 85,000 is also applied to the H-1B category so many applicants fail to obtain a work visa since the demand for H-1B Work Visa greatly exceeds the annual allotment. 

We’ll further discuss the H1B Lottery and the possibility of H-1B Cap exemption in the next sections.

How Does the H1B Lottery Work?

The H-1B US Lottery Visa is subject to random computerized selection since the number of applications per year generally exceeds the annual H1B Visa cap. The H1 B petitions received by the U.S. Citizenship and Immigration Services (USCIS) are run through 2 US Lottery Visa categories. The regular US Lottery Visa category is capped annually at 65,000 while the other H-1B category is capped at 20,000 for foreign workers with advanced degrees from US universities. The number of applications in a year will affect your chances of being selected in the H1-B lottery.

USCIS received 308,613 registrations for the fiscal year 2022 and initially chose 87,500 candidates to acquire the H1B Visa. Two additional rounds of selection were held, one for 16,753 applications and one for 27,717 applicants. USCIS chose 131,970 registrants in total. USCIS received 483,927 H-1B registrations for the fiscal year 2023 and chose 127,600 candidates to receive the visa.

How Does the H1B Cap Exemption Work?

Certain U.S. employers are exempt from the annual H1B Cap and are allowed to petition for foreign specialty occupation workers at any time of the fiscal year. Below are the employers governed by the H-1B Visa Cap Exemption.

• Federal, state, or local US government agencies who are involved in research and development activities.
• Universities and colleges with nationally-recognized agency accreditation.
• Nonprofit research organizations.

There are additional situations in which an employer can be excluded from the H-1B Cap. For instance, if a person with an H-1B Visa switches companies or comes back to the USA to continue working in the same capacity for the same employer, the H1B Cap Exemption applies.

Additionally, firms who are cap-exempt are not subject to the same wage standards and prevailing wage rules as employers who are H-1B cap-subject.

Can I Apply for a Green Card Without H1B?

Yes, you can still apply for a Green Card even without an H1B Visa. H-1B workers and other temporary work visa holders such as L-1 and O-1 will typically need to have sponsorship from employers to become permanent residents in the USA. The H-1B Visa is also a nonimmigrant category but has dual intent provision so you can still qualify for a Green Card as a specialty occupation worker in the US. 

Employment-based Immigrant Visas are the Green Card categories that enable foreign workers to become US permanent residents. Applying for an Employment-Based Green Card involves the same processes as an H1B Visa application such as labor certification, immigrant petition filing, adjustment of status if in the US, or consular processing if applying overseas. 

A more straightforward way to obtain a Green Card without H1B is through the EB 5 Visa USA which does not require labor certification and sponsorship from an employer. The main requirements for an EB-5 Investor Visa are minimum capital investment and job creation. 

FAQs about H1B Alternatives